THE SENATE

S.B. NO.

1351

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to mental health.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that, although public mental health services exist and are provided throughout the State, they are delivered by many different departments and agencies and consumers often experience confusion with respect to how to receive care.  Furthermore, the lack of outreach to people with mental health problems, coupled with the absence of preventive and early intervention services, exacerbates mental health problems, often leading to devastating personal and societal consequences.

     The legislature also finds that the delivery of mental health services requires a highly specialized, professional workforce that contains adequate mental health specific recruitment and retention policies and highly specialized contracting, procurement, and contract oversight.

     To address the foregoing concerns and needs, the creation of an oversight body would help foster a more unified mental health system to ensure greater public access to and an equitable distribution of mental health services throughout the State of Hawaii.

     The legislature acknowledges that the department of health has already established a mental health system and manages designated mental health programs.  Given the department of health's existing functions, the legislature finds that mental health care services currently provided by the department of health should be transferred to a newly created Hawaii mental health commission.

     The purpose of this Act is to create a Hawaii mental health commission that is charged with the responsibility of developing a unified state mental health delivery service and to transfer the authority, duties, responsibilities, and jurisdiction of the department of health, with respect to mental health, mental illness, drug addiction, and alcoholism, to the Hawaii mental health commission on July 1, 2013.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

     §   -1  Hawaii mental health commission; establishment and organization.  (a)  There is established within the department of health for administrative purposes the Hawaii mental health commission.  The commission shall be an autonomous public body corporate and politic and an instrumentality of the State.

     (b)  The commission shall be composed of nine commissioners appointed by the governor as provided in section 26-34; provided that three commissioners shall be appointed from a list of nominees submitted by the speaker of the house of representatives and three commissioners shall be appointed from a list of nominees submitted by the president of the senate.  All commissioners shall be appointed for terms of four years each.

     (c)  The commission shall be composed of at least one of each of the following:

     (1)  A physician recognized as an expert in the treatment of mental illness;

     (2)  A representative of groups who are consumers or families of consumers interested in the treatment of mental illness;

     (3)  A person recognized for expertise in dealing with alcohol abuse;

     (4)  A person recognized for expertise in dealing with drug abuse; and

     (5)  A person recognized for expertise in community mental health services.

     (d)  One of the nine commissioners shall be selected by the commission to be the director of mental health services and confirmed by a majority vote of a quorum of the commissioners.

     (e)  Each commissioner shall hold office until the commissioner's successor is appointed and qualified.

     (f)  All commissioners shall be devoted to the duties of the commission on a full-time basis and no commissioner shall hold any other public office or other employment during the term of office.  The director of mental health services shall be paid a salary set at        per cent of the salary of the director of health.  All other commissioners shall be paid a salary set at       per cent of the salary of the director of health.  All commissioners shall be reimbursed for their actual and necessary expenses, including travel expenses, incurred in carrying out their duties.  Commissioners shall be exempt from chapters 76 and 89, but shall be members of any state or federal employee benefit program generally applicable to officers and employees of the State, including programs under chapter 87A.

     (g)  Five commissioners shall constitute a quorum, whose affirmative vote shall be necessary for all valid actions by the commission.

     (h)  Meetings of the commission shall be held in accordance with the public proceedings and records requirements of chapter 92.

     (i)  The commission may appoint and employ staff as may be necessary to perform its duties.

     §   -2  Hawaii mental health commission; duties and responsibilities.  (a)  In addition to the responsibilities enumerated in chapter 321, part XV, and chapter 334, the commission shall be responsible for the overall mental health planning for the State and shall be responsible for determining future capacity needs for mental health providers, facilities, equipment, and support service providers.

     (b)  The commission shall seek to achieve the following goals:

     (1)  Foster a more unified mental health system to ensure greater public access to and an equitable distribution of mental health services throughout the State, with particular emphasis on client-centered, family-focused and community-based mental health services that are culturally and linguistically competent and provided in an integrated services system;

     (2)  Reduce the incidence and prevalence of mental health disorders and their impact on individuals, families, and the state budget resulting from untreated serious mental illness through primary, secondary, and tertiary prevention;

     (3)  Emphasize strategies to reduce the negative outcomes that may result from untreated mental illness;

     (4)  Improve public understanding of and attitudes toward mental health disorders;

     (5)  Increase access to mental health services to underserved groups and increase the overall quality of mental health services throughout the State;

     (6)  Promote interagency collaboration and information sharing;

     (7)  Foster a continuum of care that provides an array of mental health and related supportive services designed to meet the multiple, complex needs of mental health patients; and

     (8)  Remain apprised of emerging practices and procedures in the delivery of mental health services.

     (c)  The commission shall develop a comprehensive mental health plan that includes:

     (1)  Program standards, including definitions of mandatory services; admission, eligibility, and case management criteria; monitoring, program, and fiscal audit procedures; mental health-specific recruitment and retention polices; contracting, procurement, and contract requirements; and administrative hearing procedures;

     (2)  Determination of criteria for approving providers of mental health services;

     (3)  Assessment of mental health provider shortages in order to increase the supply of professional and non‑professional staff to accommodate increases in service demands;

     (4)  Determination of all reimbursable mental health services to be paid by the State;

     (5)  Evaluation of the cost-effectiveness of all aspects of the mental health plan, including a review of funding sources that are creative, flexible, and accountable;

     (6)  Determination of methods to maximize the availability of federal funds, including medicare and medicaid coverage, available for the provision of mental health services; and

     (7)  Methods for outreach to families, employers, primary care health care providers, and others to recognize the early signs of potentially severe and disabling mental illnesses.

     The commission may utilize findings obtained by the state council on mental health to further the development of the mental health plan.

     (d)  The commission shall establish, maintain, and review the best possible mental health plans, practices, rules and regulations, facilities, programs, and services that are operated, funded, or licensed by the State.

     (e)  The commission shall submit a final, comprehensive mental health services plan for the State, including its final findings and recommendations, to the legislature no later than twenty days prior to the convening of the regular session of 2013.

     (f)  In addition to the powers and functions enumerated in chapter 321, part XV, and chapter 334, in carrying out its duties and responsibilities, the commission shall:

     (1)  Enter into necessary contracts for services pertaining to the delivery of mental health services to give effect to the goals of the commission;

     (2)  Establish an annual fiscal budget to support the needs of the commission and to carry out the mental health plan;

     (3)  Adopt rules, pursuant to chapter 91, necessary to effectuate the goals of the commission;

     (4)  Obtain data and information from the department of health, or other state or local entities that receive state funds for the provision of mental health services, for the commission to utilize in its oversight, review, and evaluation capacity; and

     (5)  Employ all other appropriate strategies necessary or convenient to enable it to fully and adequately perform its duties and exercise the powers expressly granted."

     SECTION 3.  Section 334-1, Hawaii Revised Statutes, is amended as follows:

     1.  By adding a definition to be appropriately inserted and to read:

     ""Commission" means the Hawaii mental health commission."

     2.  By deleting the definition of "department":

     [""Department" means the department of health."]

     SECTION 4.  Section 321-15.3, Hawaii Revised Statutes, is amended by substituting the term "Hawaii mental health commission" or "commission" wherever the term "department of health" or "department" appears, as the context requires.

     SECTION 5.  Chapter 321, part XV, Hawaii Revised Statutes, is amended by substituting the term "Hawaii mental health commission" or "commission" wherever the term "department of health" or "department" appears, as the context requires.

     SECTION 6.  Chapter 334, Hawaii Revised Statutes, is amended by substituting the term "Hawaii mental health commission" or "commission" wherever the term "department of health" or "department" appears, as the context requires.

     SECTION 7.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2011-2012 and the same sum or so much thereof as may be necessary for fiscal year 2012-2013 for the Hawaii mental health commission to effectuate goals and duties set forth by this Act.

     The sums appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 8.  Beginning July 1, 2013, all rights, powers, functions, and duties of the department of health with respect to mental health, mental illness, drug addiction, and alcoholism are transferred to the Hawaii mental health commission.

     SECTION 9.  All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

     No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

     An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

     If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

     SECTION 10.  All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of health relating to the functions transferred to the Hawaii mental health commission pursuant to this Act shall be transferred with the functions to which they relate.

     SECTION 11.  All unencumbered moneys deposited in any revolving or special fund controlled by the department of health relating to the functions transferred to the Hawaii mental health commission pursuant to this Act shall lapse to the credit of the general fund.

     SECTION 12.  All rules, policies, procedures, guidelines, and other material adopted or developed by the department of health to implement provisions of the Hawaii Revised Statutes relating to mental health, mental illness, drug abuse, and alcoholism and which are made applicable to the Hawaii mental health commission by this Act shall remain in full force and effect until amended or repealed by the director of mental health services pursuant to chapter 91, Hawaii Revised Statutes.  In the interim, every reference to the department of health or the director of health in those rules, policies, procedures, guidelines, and other material is amended to refer to the Hawaii mental health commission or the director of mental health services.

     SECTION 13.  All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of health pursuant to the provisions of the Hawaii Revised Statutes that are made applicable to the Hawaii mental health commission by this Act, shall remain in full force and effect.  From July 1, 2013, every reference to the department of health or the director of health therein shall be construed as a reference to the Hawaii mental health commission or the director of mental health services, as appropriate.

     SECTION 14.  If any part of this Act is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, the conflicting part of this Act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this Act in its application to the public bodies concerned.  The rules in effect as a result of this Act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the State.

     SECTION 15.  The department of health and the Hawaii mental health commission shall collaborate to implement the transfers and transitions required under this Act with as little disruption to ongoing duties, responsibilities, and public services provided.

     SECTION 16.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 17.  This Act shall take effect upon its approval; provided that section 7 shall take effect on July 1, 2011.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Hawaii Mental Health Commission; Mental Health Services; Transfer of Authority; Appropriation

 

Description:

Establishes the Hawaii mental health commission, which is charged with creating a unified state mental health delivery service.  Transfers the authority, duties, responsibilities and jurisdiction of the department of health, with respect to mental health, mental illness, drug addiction, and alcoholism, to the Hawaii mental health commission on July 1, 2013.  Makes an appropriation to the department of health.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.